Research On The Standardization Of Electronic Evidence Gathering In Investigation

The content of this paper is the standardization of electronic evidence forensics in investigation,In the 2012,the 48 th article of China's Criminal Procedure Law incorporated electronic data into legislation,become an independent type of evidence,Establish it's position in the law of evidence.Electronic evidence is the rapid development of the production and life of human society,after the scientific and technological level has made great achievements and has a profound impact on the corresponding areas of litigation.The enactment in 2016 of a provision for the collection and retrieval of criminal cases and the examination of certain issues relating to the determination of electronic data,It is a normative document issued for the electronic evidence forensics,it is the normative document which is facing the most practical problems in the investigation work now,There is no specific legislation in place for electronic evidence,Legal provisions on electronic data forensics are distributed among various sectoral laws,Therefore,the regulation is the most comprehensive legal normative document concerning the concept of electronic evidence,the scope of evidence collection,the subject of evidence,preservation,transfer and judgment in criminal cases.After the promulgation of the provisions in the legal profession has caused a lot of praise,but also some critical views,For example,some legal scholars have proposed that the relevant interpretation is vague,the scope of the regulation is too large,and conflict with the upper legal provisions.This article is mainly divided into four parts,The first part describes the basic theory of electronic evidence in detail,Including the concept of electronic evidence,characteristics,the classification of forensic objects,evidence should be followed by the principles and Rules;The second part summarizes the legal system of the extraterritorial representative countries of electronic evidence forensics,The extraterritorial provisions of three countries including the United States,the United Kingdom and Japan;The third part is from the practice of investigation work to tell the provisions of the definition of technical measures in the standard,deficiencies in the evidentiary provisions,the lag of the appraisal rule and the violation of citizen's privacy in the process of forensics;Part Four summarizes the fundamental reasons for the problems in the third part and puts forward a series of specific proposal on the rules ofelectronic evidence and the preservation of evidence chain.The provisions of the provision of electronic evidence collection,preservation and how the transfer of evidence has made specific provisions,In addition,the integrity and authenticity of electronic evidence have also been emphasized many times,But there are different voices after promulgation and implementation of the regulations,This shows that China's electronic evidence still has a lot of development space and a long way to go.